The Court of Appeal Abuja, on Thursday, reserved judgments in three appeals and a cross appeal challenging the outcome of the September 21, 2024 governorship election held in Edo State. The Independent National Electoral Commission (INEC) declared Senator Monday Okpebholo, candidate of the All Progressives Congress (APC), as the winner.
The three-man panel of the Appeal Court, presided over by Justice Mohamed Danjuma, reserved the date for judgement which it said would be communicated to the parties after their final arguments was heard.
The appeals heard include the one filed by the Peoples Democratic Party (PDP) and its candidate in the election, Dr Asue Ighodalo, and a cross appeal by the APC and Senator Okpebholo.
Addressing the court, lawyers to the appellants prayed the court to allow their appeals and reverse the judgments of the election tribunal led by Justice Wilfred Kpochi that was delivered on April 2, 2025.
Counsel to Ighodalo and the PDP, Robert Emukpoeruo, SAN, urged the court to allow the appeal and set aside the judgment of the tribunal, arguing that the tribunal failed to appreciate the nature of the non compliance contained in the petition brought before it.
Emukpoeruo explained that there was no record of serial number on Form EC25B as required by Section 73(2) of the Electoral Act, 2022. He added that “The tribunal said we required evidence of polling agents or witnesses to prove how the forms were filled or not filled.
“That was not our case. Our case was that the Form EC 25B did not contain the serial number,” he said.
He further argued that the tribunal was also wrong to claim that the documents his clients tendered at trial were dumped on the tribunal.
He insisted that contrary to the tribunal’s finding, oral evidence was not needed in the nature of the case of the appellants, who were petitioners before the tribunal, stating that his clients did not challenge the conduct of the election, but the conflict in the results collated and announced.
He pointed out that part of his clients’ contention was that the results that were collated at the ward level were not the results declared at the polling units.
But in opposing the pleas, lawyers to the respondents urged the court to affirm the judgments by the tribunal and dismiss the appeal.
Their counsel, Onyechi Ikpeazu, argued that the petition, which they filed before the tribunal and the appeal are totally an academic exercise.
Emmanuel Ukala, SAN, for the APC and Kanu Agabi ,SAN, for the INEC also argued in similar manner urging the court to dismiss the appeal and affirm the judgment of the election tribunal.
